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Ordinary power of attorney

29-01-2020, 10:16 AM

Hi,
How long does it take to set up an ordinary power of attorney.
I know an enduring power attorney takes 12 months in my experience.
The purpose is just for me to take care & be responsible for one piece of my mothers business.

Comment

Okay
Can I create a Deed of trust to prevent a particular individual occupy my Mothers commercial property & that i her son would be notified.
I don't have a legal interest in this property.
Long story My parents lost out to a piece of property already with a man & my father has died from a serious case of dementia since.
Does the landlord need to be the owner?
Could it be possible to be given the power to act in this particular instance,
Previously I had a complete Power of attorney of my late father
However that was almost 2 years ago

Comment

My mother owns the property but subject to a life interest in favor of my late fathers business P and she owns a 50% shareholding in a company with my late fathers business partner also. That company still is operational in the building, but the lease has expired.
My parents have already lost out on a piece of property to this man & my mother is vulnerable
We have a mechanism that could solve the company & the life interest the problem is he wants a lease and he wants to negotiate a lease while the life interest is in the building
but we would just want to solve the current situation and put our own business into the building he is not as interested in prolonging the situation if he is not dealing with our mother
So maybe an ordinary power of attorney.

The purpose is just for me to take care & be responsible for one piece of my mothers business.

If you want the power to be expressed to be for one purpose only (as opposed to using a general power for one purpose only) you probably need to get it professionally drawn up to make sure it covers everything.

Whether the power is general or specific it takes effect as soon as executed. Registration is not required.

Comment

An ordinary power of attorney, whether general or specific, is really no more than an authority to sign documents on behalf of the donor of the power. As between donor and attorney the attorney is only authorised to do what the donor tells him he can do. Someone dealing with an attorney is however not put on enquiry as to what the attorney is authorised to do except to the extent of reading the power of attorney.

A lasting power of attorney gives the attorney power to make decisions for the donor.

Comment

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